“ The fifth section provides that no person shall buy any wheat 'by grade'-excepting where one producer buys from another producer unless it has been inspected and graded by a licensed inspector under the provisions of the act, or those of the United States Grain Standards Act, and is bought by a grade fixed and recognized thereunder. ”

“ These elevators are maintained and operated by the buyers as facilities for receiving the grain from the farmers' wagons and loading it into railroad cars. The loading usually proceeds as rapidly as grain of any grade is accumulated in carload lots and cars can be obtained. When a car is loaded it is sent promptly to a terminal market and the grain is there sold. This is the usual and recognized course of buying and shipment. Occasionally a farmer has his grain stored in the country elevator, or shipped to a terminal elevator for storage, and awaits a possible increase in price ”

“ When not separated it causes the grain to bring a lower price per bushel than clean wheat would bring. When separated it has a value for poultry and stock feed which usually is in excess of the cost of separation. Occasionally the farmer separates it at the farm and sells only the clean wheat, and occasionally the buyer separates it at the country elevator, charges the farmer for that service, and buys and ships only the clean wheat; but generally the grain is sold by the farmer and shipped by the country buyer with the dockage included. ”

“ Wheat is the chief product of the farms of North Dakota, the annual crop approximating 150,000,000 bushels. About 10 per cent. is used and consumed locally, and about 90 per cent. is sold within the state to buyers who purchase for shipment, and ship, to terminal markets outside the state. Most of the sales are made at country elevators to which the farmers haul the grain when harvested and threshed. ”

“ The sixth section provides for the issue, by the supervisor, of licenses to grade to persons engaged in buying, weighing, and grading wheat-including buyers and agents at country elevators where they pass a satisfactory examination. Each license is to be held on condition that the licensee shall honestly and correctly determine the grades and dockage and shall likewise weigh the grain. ”

“ The price paid at the country elevators rises and falls with the price at the terminal markets, but is sufficiently below the latter to enable the country buyer to pay for the intermediate transportation and have a margin of profit. All transactions at the terminal markets, including the price, are based on the grade of the wheat, and by reason of this all buying at the country elevators is by grade. ”

“ A large number are farmers' cooperative companies, which buy grain grown by their stockholders and others in the vicinity of their elevators, ship and sell the same, and distribute as patronage dividends the surplus arising from such transactions-no profit being retained by the companies. $The plaintiffs comprise many buyers, individual and corporate, including 11 farmers' cooperative companies. In the aggregate they own and operate several hundred country elevators, widely distributed over the state, and buy and ship about 30,000,000 bushels of wheat a year. ”

“ The first section declares the purpose of the state to encourage, promote, and safeguard the production of wheat and commerce therein by establishing a uniform system of grades, weights, and measures. The second and third sections provide for a state supervisor of grades, weights, and measures, and give him authority to make and enforce necessary orders, rules, and regulations to carry out the provisions of the act. ”

“ St. §§ 8747 1/2-8747 1/2 k) . An injunction preventing its enforcement pending the suit was granted by the District Court, three judges sitting, and that interlocutory decree is here for review under section 266 of the Judicial Code, as amended by Act March 4, 1913, c. 160, 37 Stat. 1013 (Comp. St. § 1243) . ”